Members of the Makabayan bloc from the House of Representatives,
together with the National Union of Peoples' Lawyers (NUPL), asked
the Supreme Court on Thursday to declare as unconstitutional Republic
Act 10963, or the Tax Reform for Advancement and Inclusion (TRAIN
Law).

While the case is pending in court, petitioners urged the high court
to issue a restraining order stopping its implementation.

In their petition, they told the high court that the House of
Representative leaders committed grave abuse of discretion for ratifying
the bicameral conference committee report for TRAIN 'despite the
glaring lack of quorum.'

Article VI Section 16(2) of the 1987 Constitution provides that
'a majority of each House shall constitute a quorum to do
business.'

In this case, however, petitioners said the lower house violated the
law when it ratified the TRAIN bicameral conference committee report
with barely 10 to 15 House members present on the floor on Dec. 13, 2017
at about 10:45 in the evening.

'Congress is bereft of authority or power to validly pass laws
- especially anti-people ones widely contested by the people such as
TRAIN - when it brazenly disregards the quorum requirement, a very basic
rule of democracy and even elementary rules of order. What should always
apply is the Constitution and the so-called rule of law, not the Rule of
the Railroad,' NUPL president Edre Olalia said.

'This largely regressive imposition was practically rammed down
the people's throats while a number of legislators were fiddling
while the country was burning - in a manner of speaking - as they were
reportedly already partying the night away in a nearby posh hotel,'
he added. Olalia was referring to the PDP-Laban Christmas party at Hotel
Sofitel.

Petitioners added that President Rodrigo Duterte himself also
committed grave abuse of discretion when he signed TRAIN into law even
if it was invalidly ratified.

'What could only be presented to the President for his
signature is a 'bill passed by Congress,' petitioners said
meaning the process should have followed what is required under the law.
/cbb

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